Nagina Ramsagar Choube & Ors. Vs Ajay Mohan & Ors. (Bombay High Court)
The Bombay High Court considered an application for ad-interim relief in Suit No. 130 of 2025, where the Plaintiffs sought, among other reliefs, a declaration of ownership by adverse possession, declaration that a Deed of Conveyance was illegal and not binding, restoration of possession, reconstruction of structures allegedly demolished on 6th June 2024, and consequential injunctions concerning the Suit property. The Defendants raised a preliminary objection to the maintainability of the Suit, alleging gross suppression of earlier proceedings, orders and material facts.
The Plaintiffs referred to several earlier proceedings, including Suit No.4962 of 2006, Suit No.1433 of 2011, Suit (L) No.1234 of 2014, and Suit No.13214 of 2022, and contended that the earlier proceedings did not prevent them from seeking relief in the present Suit. They also relied upon their claimed rights arising from an alleged Agreement for Sale dated 23rd October, 1969 and asserted possessory rights and adverse possession.
The Defendants, however, submitted that the Plaintiffs had suppressed material facts concerning the prior litigation and had made claims in the present Suit that materially differed from those made earlier. The Defendants highlighted, among other matters, the Plaintiffs’ previous claims concerning possession, the withdrawal of earlier suits, the Deed of Conveyance dated 23rd December, 2020, the Consortium Agreement and MoUs dated 1st September, 2021, the 2022 Suit, and the Consent Terms dated 8th October, 2024. It was submitted that the Consent Terms recorded, among other matters, that the alleged 1969 Agreement had not been executed by Defendant No.1, that no consideration had been received under it, that the claimants had no right or interest in the Larger Property under that Agreement, and that they were not in possession.
